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Villareal, #1390 San Antonio Police Department San Antonio, Texas
Fire Fighters' and Police Officers' Civil Service Commission 119 Plaza de Annas, Suite 260
San Antonio, Texas 78204
Commissioners and Officer Gabriel M. Villareal:
Under and by virtue of the authority vested in me by Title 5, Subtitle A, Chapter 143 of the Local Government Code, V.T.C.S., said chapter entitled "Municipal Civil Service", I do hereby suspend Officer Gabriel M. Villareal from paid duty with the San Antonio Police Department, indefinitely, without pay, from his position as an officer of the San Antonio Police Department effective immediately.
Officer Villareal has violated Subsection C of Rule XliI of the City of San Antonio Fire Fighters' and Police Officers' Civil Service Commission Rules, said rules having been adopted on February 23, 1998, and thereafter from time to time amended, by the Fire Fighters' and Police Officers' Civil Service Commission as the Civil Service Rules for the Fire and Police Departments of the City of San Antonio. The particular civil service rule violated by Officer Villareal and ground for suspension is as follows:
(12) Violation of an applicable fire or police department rule or special order.
The Rules and Regulations of the San Antonio Police Department which Officer Villareal has violated are as follows:
RULE 3.02 - TRUTHFULNESS OF MEJ\1J3ERS: Members shall speak the truth at all times. Reports and written communications from any member shall also reflect the truth.
RULE 3.04 - RESPONSIBILITY TO SERVE THE PUBLIC: (C)
CONDUCT AND BEHAVIOR: Members, whether on-duty or off-duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit on themselves or the department.
RULE 3.18 - CITY EQUIPMENTIPROPERTY: (E) WASTE OR CONVERSION: Members shall not willfully waste or convert to their own use any city owned supplies, equipment, or services.
PROCEDURE 402 - DIFFERENTIAL POLICE RESPONSE (.03) N-CODE REPORTING PROCEDURE FOR FIELD OFFICER (A) On any call which would require an officer with
report responsibility to submit an incident report, the officer is relieved of the responsibility for submitting an incident report if the actions taken by the officer consist entirely of one of the NCode number statements. If the situation or condition is not entirely covered by an N-Code number statement, the officer must submit a written report covering the incident. (B) If the incident is one covered by an N-Code number statement, the officer with report responsibility shall either assign the appropriate N-Code using the MDVLaptop, or may opt to write a report covering the incident. (C) In situations covered by N-Codes 1, 2, or 3, the officer, prior to N-Coding the call, will: (l) Request the information channel dispatcher to call back the telephone number listed for the complainant; and (2) Write a report if a complainant is located or if there is any indication or evidence that an incident has taken place and the situation is not covered by another appropriate N-Code (i.e. N-Code 13, 16, etc.). (D) In situations covered by N-Code 10, the officer will obtain the original SAPD case number for the previously handled call and write a supplemental report. (E) The N-Code number is the officer's official report of an incident. All departmental rules, regulations, and procedures concerning reports are applicable to the N-Code Reporting Program. (1) Whenever N-Codes are used, where the complainant may want to have some documentation of the call, the computer generates a brief automatic report, which includes a case number: (2) The officer shall provide this case number when requested and advise the complainant that the report will be available at the Records Office. (F) N-Codes 13, 16 and 17 require that a brief justification be entered either by the officer or by the dispatcher to differentiate the calls. The justification cannot exceed 134 characters (letters, numbers, and spaces only - no punctuation allowed). (1) The following is an example ofan MDVLaptop entry for an N-Code 13: 24.13.called for defective cell phone between Jack Smith 03 22 1979 and Sprint Mgr Jesse Jones explained that this is a civil matter <press CODES key> (2) The following is an example of an MDIILaptop entry for aN-Code 16 (Assist the public): 24.16.changed flat tire <press CODES key> (3) The following is an example of an MDIILaptop entry for an N-Code 17: 24.17.chased one red cow back into fenced area <press CODES key> (G) N-Codes 5, 10 and 18 require that the case number under which the incident was originally handled be entered. (1) The following is an example of an MDIILaptop entry for aN-Code 18 where a second officer was dispatched to an accident already being handled: 24.18.03123456 <press CODES key> (H) -Code 31 requires the license plate or VIN of the abandoned vehicle be entered. Other notes about the vehicle may also be entered, but they cannot exceed 134 characters. (1) The
following are examples of MDIILaptop entries for an N-Code 31: 24.31.abc123 <press CODES key> or 24.31.abc123 red Chevy truck with 2 flat tires and expired inspection facing oncoming traffic <press CODES key> (I) If an officer spends more than one (1) hour on a call, the call may not be N-Coded, and the officer must write a report covering the incident. The one (1) hour timeperiod starts from the time dispatched and ends when the officer returns to service from the call.
PROCEDURE 403 - COMMUNICATIONS (.05) RADIO TRANSMISSIONS (e) All voice and data transmissions conducted on any police frequency shall be directly related to police business. Personal messages of an emergency nature may be relayed with the authorization of a supervisor.
PROCEDURE 918 - HARASSMENTIDISCRIMINATION IN THE WORKPLACE (.04) PROHIBITED ACTIVITIES (C) Officers shall not circulate written or graphic materials which ridicule, belittle, or embarrass any person on the basis of sex, age, race, national origin, ancestry, citizenship, religion, disability, or sexual orientation.
The factual basis for the instant disciplinary suspension is as follows:
On or about December /12, 2009, Officer Gabriel M. Villareal brought reproach and discredit on himself and the San Antonio Police Department when he sought out and obtained personal information on a female named which was readily available to him by virtue of his employment as a San Antonio Police Officer. Officer Villareal met _ the night before while off duty and shopping with his family. works at a
retail establishment which Officer Villareal and his family c:::;,
patronized. Officer Villareal then paid _ an unannounced ;:
and unsolicited visit at her horne at when ;;S.
he knocked on her door and intentionally a story of a ;::-:
T"9hlI ~ang-up" cd all fto initiathe F.gerlslonhal con~~t IWl ith_2-u
ere IS no recor 0 any sue ang-up ca to .::x-
residence on this date and time. Co:?
On or about December 11, 2009, Officer Gabriel M. Villareal met \;0. while he was off duty and she was at her place
of employment, "The Art of Shaving." On Saturday, December
12,2009, Officer Villareal used his Mobile Data Terminal (MDT) in marked SAPD Vehicle #7275 to perform numerous queries on •••••••• in order to learn her address, date of birth, and cellular telephone number, and used this information to locate and
contact On or about December 13, 2009, at approximately 6:44 a.m., and again on or about December 14, 2009 at approximately 9:02 a.m., Officer Villareal used two other SAPD Mobile Data Terminals to run inquiries on the call history of cellular telephone, as well as calls for police service to her residence.
3. On or about Saturday, December 12, 2009, Officer Gabriel M.
Villareal, while assigned to SAPD case number 9-0932868 at 8507 McCullough, quickly handled the call and departed the scene within four minutes of his arrival. He then held the call open while
he drove to where he visited _
Officer then left her residence and
parked at another location to conduct further research on_
,=:"p~ri~o.r~residences'-father, and on •••••
• Officer Villareal spent a . total of one hour and
twenty minutes, 9:01 a.m. to 10:21 a.m., assigned to the call, and then assigned an N-Code 16 to the call through the MDT in his assigned patrol vehicle although N-Codes cannot be used to report calls taking more than one hour to resolve from the time of dispatch.
On or about November 25, 2009, Officer Gabriel M. Villareal, while at or near the "Cracker Barrel" restaurant at 11030 ill 10 West, used his MDT in marked SAPD Vehicle #7374 to run the registration of a 2006 Mercedes Benz automobile owned and
operated Officer Villareal then sent the
registration via MDT to SAPD Officer
Villareal and Officer? then engaged in an inappropriate series of MDT messages, during whicJj'they·ms~ssed_ personal physical attributes, her breasts and her' attractiveness.
On or about November 25, 2009iiJ)Jfji¢;r:.oibbl M. Villareal, ;g having earlier run the registration on a"2006 Mercedes .seiIZ*clwned N
and operated by used the information -0
gained from that registration to run of_hdh1~ :::J:
address, calls for police service to her residence, Soc1al'Seturi~ ~ Number, Municipal Court files, and Master N arne File. These ~ checks were merely an attempt to gain further personal information
on _ and were not related to any official police ~.:Westigations~r~ls for service.
6. On or about November 25, 2009, Officer Gabriel M. Villareal ran a registration check on a 2009 Lexus owned by _ Irtdoini& so, it was shown that Officer Villareal had previously run the vehicle's registration on at least two other
occasions- In .addition, Officer Villareal used Terminal to research calls for police service _ home address. Such queries were not related to any official police business assigned to Officer Villareal on this date. Lastly.' on ~tober 19, 2009, the Administration alleges that Officer Villareal suggested to Officer that they
"go knock," when referring to her address.
7. Officer Gabriel M. Villareal also brought reproach and discredit on himself and the San Antonio Police Department when he performed several queries concerning a female acquaintance named On or. ~bout",Q£tober 28, 2009, Officer "I1l1areal. uuu'Yfessarily perfonnea a' TCIC (Texas Crime Information Center) inquiry of_ vehicle and past cal~ for seI'Vice invo~ving 7,. 2vO~ecember 7, 20og.,it i~'.~~ .#hat Dfficer:¥Illareal unnecessanly performed a Wanted/Telt inquiry researched her criminal history. ' • is an apartment manager in Officer Villareal's patrol district. The
queries concerning 2 were not done as part of any official
police business and were strictly of a personal nature. When contacted as part of this administrative investigation, _ stated that she is embarrassed by Officer Villareal's actions.
On or about October 27, 2009, Officer Gabriel M, Villareal and Office~ engaged in a conversation via Mobile Data Terminal (MDT) about . is an apartment manager in a compje?C-J@cated within Officer Villareal's patrol district. The MDT trans~ssiom 'made"re~YJ$llle to _ = • I attire, and her ~ea!'i;:wce from "the neck down, and both ~ officers referred to P • by nicknames for her bn!'asts;'""'@n5 :; about November 17, 2009, Officer Gabriel M. Villareal engaged .:::0 Officer in an extended conversation via MDT No about two females who reside at The conversation -0 centered on the personal appearance of one of the females, her :x attire, her place of'employment,cwhat kitli of vehicle she drives, ¥?
CJ!1 her resemblance to her sister, and a comment ts passed, @!tck and \D
forth about whether Officer Villareal "Knocked" or "Knocked it out," referring to having sex. On or about November 30, 2009,
Officer Gabriel M. Villareal in an exchange of MDT
mdsages"'wi~ Officer about a female SAPD
officer. During this exchange, Officer Villareal made an inappropriate comment about inviting the female officer to a "clothing optional" shift party. On December 12, 2009, at approximately 1015 hours, Officer Villareal engaged iJa",,~
texchaR'ge of MDr messages with Officer The
exchange lasted approximately twenty-seven minutes and
c?ntain~d several inappro~ri~te. sexuall!' sU&restive phrase~ _dlscussmg sex acts and genitalia in graphic terms. On or about '1gece~r 15,2009, Officer Villareal and Officer exchanged a series of MDT messages about where to eat. During
the exchange, Officer Villareal and Officer 1 3 made inappropriate sexual references to "eatfIfg1? four sep~te female officers for lunch and dessert. None of these MDT transmissions were related to any police business.
On or about November 30, 2009, Officer Gabriel M. Villareal engaged in an exchange of MDT messages with Officer? •. •
• 2 about a femareiiAPD officer. During this exchange, it is
alleged that Officer Villareal made an inappropriate comment about inviting the female offiC-er to a'+~lothing optional" shift party. On or about-llOecemijer 15, 2009, Officer Villareal and exchanged a series of MDT messages t~ eatl During the exchange, Officer Villafealand
Officer made inappropriate sexual references to
"eating" fourseparife"'mrrl'alt officers for lunch and dessert.
On or about February 22, 2010, Officer Gabriel M.";V111ar&al ~ .. reported to the Internal Affairs office to respond to several ;: allegations stemming from a December 12, 2009 incident at_ ;g
. , In Officer Villareal's Response Report, dated -
Februdt"22, 2010;<he~itted to having given false information N about a 911 call to the originlilcomplainant, ~ on December 12, 2009. When asked to detail the conversation (...) between the complainant and himself Officer Villareal wrote," '1 ~
'tOld '\ier that there were a lot of 911 calls coming from this .\D .. -i location, but I didn't mean her apartment, I
meant the whole complex." There were, in fact no 911 calls in the complex that da~-,·aJtdlVi11areal's statement to was
untruthful. ~ _- ,j j
A copy of the instant disciplinary suspension order is being filed with the Fire Fighters' and Police Officers' Civil Service Commission.
IL lAM P. MCMA ,HIEF OF POLICE
SAN ANTONIO POLICE DEPARTMENT
',' .; APR 1 2 2010·
.~< ~~, "~\" t
I hereby acknowledge receipt of the original of the foregoing#'indefini'te luspension. I acknowledge having received notification that I have ten days from the date of receipt of the
instant suspension during which to file a written appeal of this suspension with the Personnel Director of the City of San Antonio requesting either arbitration or the hearing of my appeal by the Fire Fighters' and Police Officers' Civil Service Commission. I acknowledge th:tt I have been informed that if I appeal to a hearing examiner/arbitrator, I waive all rights to appeal to a district court except as provided by subsection 143.057(j) of the Texas Locsl Goternment Code. I also acknowledge that I have been informed that my right to appeal the decision of a hearing examiner/arbitrator to district court pursuant to section 143.057 of the Texas Local Government Code may have been modified by the provisions of article 27 of the Collective Bargaining Agreement by and between the City of San Antonio and the San Antonio Police Officers' Association.
t:r-/2 ,2010 /YJo
I/~~/ID TIME: J'-I~ o
Yk/ilJ I t/fi?""" f
~ATE: TIME: FILED on this the !011r- day of __ Aw-\r_Vl_<_L ~ __ , 2~1O, with the Fire~ighters'
and Police Officers' ivil Service Commission.
CTOR, FIRE FIGHTERS' AND·J?OLICE OFFICERS' CNIL SERVICE COMMISSION